§ 10.8-74. Petition process.

(a)

Unless otherwise provided below, a petition process shall be required for establishing or modifying the boundaries of a street lighting assessment area or adding more than five (5) street lights within a three-year period to ensure community awareness and involvement in the decision-making process, to increase recognition of the public nature of the improvements, and to highlight the property owner's responsibility for payment of the street lighting assessments.

(b)

The petition process is not required in the following instances:

(1)

Establishment or modification of a street lighting assessment area or the number or location of street lights provided therein when requested in writing by a homeowners association or by owners who own one hundred (100) per cent of the properties to be included in a street lighting assessment area; or

(2)

Changes in bulb wattage, bulb type, pole location or pole type within established street lighting assessment areas; or

(3)

Contraction, repeal, or dissolution of a street lighting assessment area; or

(4)

Changes in the rate of a street lighting assessment; or

(5)

Establishment or modification of a street lighting assessment area or the number, type, or location of street lights provided therein when there is a documented traffic or safety concern; or

(6)

Establishment of the existing street lighting districts; provided however, that any subsequent modifications thereto or to the number or location of street lights provided therein shall, if required, be subject to the petition process provided herein.

(c)

The county manager or the county manager's designee may authorize changes in bulb wattage, bulb type, fixture type, pole location, pole type or the number of poles or lights, if the number of lights added does not exceed five (5) street lights within a three-year period, within a street lighting assessment area without an application, a petition or further approval of the board.

(d)

Petitioner shall comply with the following steps:

(1)

Contact the electric utility company servicing the area and request a proposed street lighting design on a map of the area and annual cost estimate.

(2)

Provide a map or plat of the area to be included in the street lighting assessment area.

(3)

Obtain an ownership list of all property owners in the proposed or existing street lighting assessment area from the property appraiser's office or website.

(4)

Coordinate with the division for determination of the estimated annual street lighting assessment per assessment unit in accordance with section 10.8-72 hereof and for identification of any excluded parcels.

(5)

Present property owners in the proposed or actual street lighting assessment area with the proposed street lighting design plan, total cost estimate for installation (if any) and annual operations, and an estimate of the annual street lighting assessment per assessment unit, as calculated in accordance with section 10.8-72, approval. Parcel numbers must be printed on the petition. Only one owner for each tax parcel needs to sign the petition. One signature will serve as approval for all tax parcels listed in that name. No renters or lessees are qualified to sign the petition.

(6)

A petition for creation or modification of a street lighting assessment area or the number or location of street lights provided therein shall require approval of at least seventy-five (75) per cent of the property owners within the proposed or actual boundaries of the street lighting assessment area. No government owned property may be included in a street lighting assessment area without the government's consent and agreement to pay the street lighting assessment.

(7)

Upon approval of at least seventy-five (75) of the property owners within the proposed or actual boundaries of the street lighting assessment area, the organizers of the petition shall prepare a legal description that describes the entire area to be included in the proposed assessment area and is acceptable to the division.

(e)

Upon completion of the petition, the results of the petition and all other required materials shall be forwarded to the division for inspection and verification. Complete petition packages must be received by June 1 in order for the creation or modification of a street lighting assessment area or the number or location of street lights provided therein to be considered for that year's street lighting assessment roll. Any petition packages received after June 1 shall not be considered until the following year.

(f)

Once verified, the division shall proceed through the steps in this article III for the creation or modification of a street lighting assessment area or the number or location of street lights provided therein.

(g)

The results of the petition will not be dispositive of the board's ultimate decision whether to proceed with the creation or modification of the street lighting assessment area or the number and location of street lights provided therein.

(Ord. No. 18-066, § 3.04, 9-18-18)